McDowell v. Justice
Cases that cite this one
2 later published cases cite this decision.
- Buncombe County v. . Penland (N.C. 1934)
- County of Buncombe v. Penland (N.C. 1934)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The summons is irregular, in that it was made returnable to a term of court convening within less than ten days from the date of its issue (Scott v. Jarrell, ante, 364), but the defendant cannot avail himself of this objection, because he appeared in the action and moved for a restraining order. Scott v. Life Assn., 137 N. C., 517; Grant v. Grant, 159 N. C., 531.
The facts found by his Honor are not as favorable to- the defendant as those in Pierce v. Eller, at this term, in which a motion to set aside a judgment was denied, and that case is decisive of this.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.